STAND. COM. REP. NO. 1092

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1117
                                        H.D. 3
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred H.B. No. 1117, H.D. 3, entitled: 

     "A BILL FOR AN ACT RELATING TO THE CHILD PROTECTIVE ACT,"

begs leave to report as follows:

     The purpose of this measure is to bring Hawaii into
compliance with the federal Adoption and Safe Families Act of
1997 which seeks to expedite permanency for children in foster
care.

     Specifically, this measure makes the following revisions to
chapter 587, Hawaii Revised Statutes (HRS):

     (1)  Provides a definition for "abandoned infant";

     (2)  Clarifies the definition of "aggravated circumstances"
          to include abandonment or torture of the child;

     (3)  Clarifies service of summons on an out-of-state party;

     (4)  Reduces from eighteen to twelve consecutive months the
          time in which a court may set the case for a show cause
          hearing if the child's family home is determined not to
          be safe;


 
a                                                     HB1117 SD1
                                                      
 
                                   STAND. COM. REP. NO. 1092
                                   Page 2


     (5)  Requires the court to set the case for a show cause
          hearing if the court determines in a disposition
          hearing that aggravated circumstances exists;

     (6)  Sets a thirty-day time limit in which the court is
          required to set the case for a show cause hearing if
          the court determines in a review hearing that
          aggravated circumstances are present;

     (7)  Requires the Department of Human Services (DHS) to file
          a motion for a permanent plan hearing if the child has
          been residing outside of the family home for an
          aggregate of fifteen out of the most recent twenty-two
          months; and

     (8)  Reduces from three to two years the time in which it is
          reasonably foreseeable that a safe family home can be
          provided to the child by the legal mother or father, or
          natural father for purposes of a permanent plan
          hearing.

     Your Committee received testimony in support of this measure
from the DHS.

     This measure is part of an ongoing effort to protect
children from child abuse, prevent child abuse, and provide
follow-up attention and care to children who are under the
court's jurisdiction as child abuse victims.  The child
protective services roundtable and the Attorney General were
instrumental in bringing to light the issues addressed by this
measure.

     Your Committee has amended this measure on the
recommendation of the DHS to delete the condition that the child
be cared for by a relative and that the court finds this to be
the most appropriate placement, as an exception to requiring the
DHS to file a motion to set the case for a permanent plan
hearing.  Your Committee has also renumbered paragraphs
accordingly.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 1117, H.D. 3, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B.
No. 1117, H.D. 3, S.D. 1, and be referred to the Committee on
Judiciary.


 
a                                                     HB1117 SD1
                                                      
                                   STAND. COM. REP. NO. 1092
                                   Page 3


                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
a                                                     HB1117 SD1